Legal Question in Civil Litigation in Washington
right to sue
I had rented a storage unit and because I hit hard times, I failed to make the monthly payments. The facility auctioned my unit without sending a notice to my alternate address. When I corresponded with the facility they didnt have any of my personal effects (ex:journals, photo's, ect...). Every photo, journal, files with personal paperwork, that I owned were in the unit. The facility claimed that they were not required to keep my personal effects and are doing nothing to try and get them back, nor will they answer any questions or call me back. What kind of laywer would I obtain for this type of situation? What legal grounds do I sue them under?
1 Answer from Attorneys
Re: right to sue
It's a consumer law question with bailment elements. There was a recent case out of Division III (Spokane) where a landlord was found liable for allowing his tenant's belongings to be essentially stolen during an eviction. Court said the landlord had a duty to secure the property, and was responsible for the loss.
There are notice requirements for bailments ending because of non payment of rent. You are going to lose sympathy when you say that you were behind on your rent but it is not fatal to your case.
The fatal error was the storage facility's failure to notify you that your stuff would be auctioned. They get to do that, but they *have* to tell you to give you notice and an opportunity to object or to cure the problem.
Look for an attorney who does consumer protection work. Chances are you will have to pay them, but chances are that the court will require the storage unit owner to pay your fees.
Hope this helps. Powell
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